notice period question

blueye

hello im currently looking for a new job as things arnt working for me with my current one, i have informed them that i am looking and they reminded me today that i have to give 1 months notice, my question is if i was offered a job but the new employer needed me to start within two weeks would my current employer have to let me go or would i be stuck? only i cant see many companies being willing to wait that long

AJ1982

If your existing company say oen month, then its one month... Your prespective employer will have to wait... If your good enough, they will...

justanopinion

Afraid it will be one month's notice if they are not willing to negotiate it down. It's a fairly standard notice, a new employer should be fine with it.

LittleVoice

Your current employer has a one month notice period and should expect a new joiner to have to give that much notice. Similarly a prospective employer would expect you to give a month - though this may depend on the type of work you do.

What were the circumstances which led to your being reminded of the one month notice period? Had you said that you were looking for another job in such a way that it sounded like a threat or actually giving notice?

blueye

weekend working, i told them i would no longer be able to do it, they said it was ok then 2 days later that it wasnt ok. i said that i would have to look for something else then and asked who i should give my notice too. two days later i went into the office and was asked what i was going to do and that i have to give 1 months notice

LittleVoice

blueye wrote: »

weekend working, i told them i would no longer be able to do it, they said it was ok then 2 days later that it wasnt ok. i said that i would have to look for something else then and asked who i should give my notice too. two days later i went into the office and was asked what i was going to do and that i have to give 1 months notice

Perhaps they were interpreting that as a resignation and wanted to be sure that you weren't just about to walk away next week.

Assuming that the one month notice is in fact included in your written particulars (check your offer documents, staff handbook and so on), then on Monday (if you are not working this weekend), just confirm that you have not resigned yet.

However it sounds as though weekend working has been part of your job and if you refuse to do it in the future, they may well dismiss you - giving you one month's notice.

blueye

i have been working every other weekend but it does not state in my contract that i have to.
if im owed days off like for example, i worked nearly a month without getting a day off which i was entitled to, could i say that i want these days to count towards my notice?

LittleVoice

blueye wrote: »

i have been working every other weekend but it does not state in my contract that i have to. But you have created the situation in which you do so and there is probably a less prescriptive term in your employment contract which allows them to require you to work as reasonably requested.

if im owed days off like for example, i worked nearly a month without getting a day off which i was entitled to, could i say that i want these days to count towards my notice?
Unless your written particulars say that such time off must be taken within a particular period, then you could not force them to allow you that time off during your notice period. You could ask for it but they could refuse and pay you for the time instead.

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Sulli

In theory you have to give a months notice, in practice you could give notice and leave immediately - it is difficult to enforce and to be honest most employers won't bother - what are they going to do? Force you to work? Why would they, it is a risk to them if they know you want to go.
My advice is, if you get offered another job, and they want you to start swiftly and so do you, advise your current employers that you are giving them a weeks notice and apologise - be professional. The only risk is that by saying to a new employer you are doing this, they may see you as unreliable, or it could impact upon your reference.

SarEl

Sulli wrote: »

In theory you have to give a months notice, in practice you could give notice and leave immediately - it is difficult to enforce and to be honest most employers won't bother - what are they going to do? Force you to work? Why would they, it is a risk to them if they know you want to go.
My advice is, if you get offered another job, and they want you to start swiftly and so do you, advise your current employers that you are giving them a weeks notice and apologise - be professional. The only risk is that by saying to a new employer you are doing this, they may see you as unreliable, or it could impact upon your reference.

Or, as I have seen done, the current employer threatens to sue the new employer for inducing their employee to breach their contract. It's usually sufficient to persuade the new employer to get rid of you - leaving you with no job.

And although it is a rare risk, the employer can sue the employee.

In the end, there is something here about being honest. If the situation were reversed, would the employee be happy if the employer said that they couldn't really pay them their whole ntice period, so how about only getting a weeks pay? If you expect an employer to abide by contractual terms, it is a two way street.

emmaanddave

Check your contract to clrify how long. 1 month is the norm and most employers are aware that people will have to give notice. Sometimes you can negotiate leaving earlier, depends how flexible your current employer is.

Personally, I would not have told your current employer you are looking for another job.